Maryland Employment Attorneys – Luchansky Law

EEOC Policy Shift Under the New Administration: Key Changes Employers Must Know

The U.S. Equal Employment Opportunity Commission (EEOC) has recently announced several changes under the leadership of Acting Chair Andrea Lucas. These actions are part of an effort to refocus the agency’s mission on protecting women from sexual harassment and sex-based discrimination by rolling back certain gender identity policies from the previous administration.    The specific…

New DOL Rule: What Employers Need to Know About Worker Classification Under the FLSA

The U.S. Department of Labor (“DOL”) recently published its final rule (89 FR 1638) addressing how to determine whether a worker is classified as an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). This rule has significant implications for employers, as it refines the criteria used to evaluate worker classifications and…

Understanding the Intersection of FMLA and State Paid Family Leave Programs

LThe Family and Medical Leave Act (FMLA) of 1993 grants eligible employees up to 12 weeks of unpaid, job-protected leave annually for specific family and medical reasons. While FMLA leave is typically unpaid, employees may choose—or employers may require—the substitution of accrued paid leave to cover this period. This means that an employee’s accrued paid…

LUCHANSKY LAW ENFORCEMENT ALERT: Maryland Trucking Company Ordered to Pay $46K in Back Wages and Damages; Driver Reinstated After Whistleblower Investigation

TrueStart Transport LLC, a Maugansville-based freight and heavy-haul trucking provider, has been ordered by the U.S. Department of Labor to pay $46,094 in back wages and damages to an employee wrongfully terminated for refusing to drive an oversized load without the required safety precautions. This decision follows an investigation by the Occupational Safety and Health Administration (OSHA), which…

AI in Hiring: Key Lessons from the Workday Bias Suit for Employers

As artificial intelligence (AI) continues to reshape hiring practices, employers are increasingly facing legal challenges related to potential discrimination. The recent Workday AI Bias Lawsuit serves as a significant reminder of the risks associated with automated decision tools (ADTs). In this case, Workday was accused of using an AI system that allegedly discriminated against minority job applicants,…

FTC Appeals Ruling Against Noncompete Ban: What Employers Need to Know

On October 18, 2024, the Federal Trade Commission (FTC) officially filed an appeal to the U.S. Court of Appeals for the Fifth Circuit, challenging a district court ruling that struck down the agency’s proposed ban on most noncompete agreements. This move follows the August 20 decision by the U.S. District Court for the Northern District…

Maryland Overtime

Maryland overtime attorney Bruce Luchansky answers: “What is overtime in Maryland?” In Maryland, “overtime” is an employee working more than 40 hours in a single workweek.  Contrary to popular belief, working more than 8 hours in one day does not constitute overtime in Maryland.  Therefore, if an employee works three 12-hour shifts in a single…

Internet Usage & Personal E-mails

Maryland employee rights attorney Bruce Luchansky answers the question: “Is it legal for my employer to review my internet usage and read personal emails on my company computer in Maryland?” In certain circumstances, it is illegal for an employer to demand access to your personal emails.  A new law in Maryland prohibits employers from being…